Renovations Prompt Village to Revise Zoning Code, Again

Building Inspector to Review Controversial Properties

by Judy Silberstein

(October 13, 2005) Recent renovations in the Willow/Kane Avenue neighborhood have prompted the Village Board of Trustees to consider, yet again, changes to its zoning regulations. At a Village Board meeting on September 26 and again on October 11, residents filled the court room in support of a proposal that would require Planning Commission oversight and neighborhood notification on projects that demolish 20% (rather than the current 50%) or add 250 square feet to a home.

Though the purpose of the public hearings was to discuss the ordinance, all five of the trustees spoke in favor of the proposal, as did everyone who spoke from the audience.

John McGarr, a Kane Avenue neighbor, suggested at the October 11 meeting that the board could start immediately letting neighbors know if a 20% demolition or 250 square foot addition is being planned in their vicinity – even as the proposed ordinance makes its way through the approval process.

“This is so neighbors can get out ahead of the curve and to improve communications," said Mr. McGarr. His interest is not academic: the developer of the 96 Willow Avenue property that neighbors consider to be largely torn down owns the adjacent house at 98 WIllow. Nearby residents fear that it, too, will be expanded in ways that negatively impact the character of their neighborhood and their quality of life.

The residents are seeking other near-term remedies, including verification that current rules are being properly applied. From their view, because so much of the house at 96 Willow Avenue has been torn down, they should have received notification in time to impact those aspects of the project they find objectionable, such as a large third story. Some have been speaking with Frank Blasi, Larchmont’s building inspector, who under state and village law is responsible for interpreting the codes.

Neighbors question what percentage was demolished/added. All the light colored wood is new on this Willow Avenue property under renovation.

He explained to the Gazette after the September meeting: “The current (demolition) ordinance includes a measure that refers to “floor area. That doesn’t mean wall, it doesn’t means roof, it only means floor.” Even though large parts of the Willow Avenue house were removed, the first and second floors remained, he noted. Mr. Blasi suggested that clarification of the code and better definitions could be helpful in a number of areas.

Adding to the residents' confusion is that the code has been revised a number of times in recent years; many of the changes only went into effect in August and do not apply to the projects being discussed. (For earlier response to code changes, see: "Bulky Houses" on a Diet? What's Being Proposed for Larchmont Code - What's Been the Reaction)

Reviewing Current Construction

Following the October 11 meeting, where residents again questioned the legality of construction on Willow and also at a nearby Kane Avenue renovation that has greatly expanded the original home, Mr. Blasi was preparing to revisit the projects.

“Everything will be verified by me and the architect,” he told the Gazette on Thursday, October 13. “Usually the verification is done at the end of the building, prior to issuing a CO [Certificate of Occupancy}, but in this case I will take special measures to verify with the architectural team as soon as that can be arranged.

“This is not normal procedure,” he stressed.

Crafting the New Law Requires Difficult Balance

As the Village Board concluded its public hearing on October 11, the residents rushed across the street to the Planning Commission meeting, where the commissioners struggled to clarify wording of the proposed ordinance. Eventually, the Village Board will craft the final version after consultation with the land use boards, its lawyers, and other advisors.

“It’s very difficult to write a law that encompasses the desires of all the parties – the owners, the contractors and the neighbors,” said Trustee Marlene Kolbert in a telephone interview. “There’s a conflict between getting every inch that’s legal and, on the other hand, someone losing a view of the sunset or a view of the water or losing light – whatever it is.”

As property values continue to climb in Larchmont, many new owners and developers are seeking to maximize what can be built on a lot, which is creating demand for greater control from longer-term residents in nearby homes. Experienced building professionals continue to find ways to build larger structures than the neighbors are happy with. For these and other logistical reasons, it may take some time to enact a new ordinance that strikes the correct balance and can be clearly interpreted.